×
Go back to Martindale-Avvo ➔

Debtor And Creditor Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
490 legal questions have been posted about debtor and creditor by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include collections, and creditors rights. All topics and other states can be accessed in the dropdowns below.
Debtor And Creditor Questions & Legal Answers - Page 20
Do you have any Debtor And Creditor questions page 20 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 490 previously answered Debtor And Creditor questions.
Debtor and Creditor
All States

Recent Legal Answers

Can a credit card company take any of my vehicles for past debt?

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Quite likely if the money has been reduced to judgment.
Quite likely if the money has been reduced to judgment.

I signed a stipulation of settlement today¿what happens if I don't pay? I'm moving to a different state in 30 days..should i pay?

Answered 12 years and 2 months ago by W Chase Carpenter (Unclaimed Profile)   |   1 Answer
Well, first off, yes, I’d say you should make the payments you agreed to make.  But, that’s your choice, I suppose.  As far as the consequences of non-payment, look at the actual stipulation you signed.  In small claims, normally the stipulation agreement will have some language in it that if you fail to live up to your end of the agreement, you consent to the entry of a final judgment.  At that point, the credit card company will use the court order to attempt to collect the judgment with the enforcement of the courts.  The move may make it alittle more difficult for the credit card company, but they’ll find you.  Of course, depending on how the stipulation came to be, in small claims, the Judge may have signed a Final Judgment, but withheld execution pending a work-out between you and the credit card company.  The consequence is essentially the same – if you don’t pay, the company will go back to the Judge and ask that execution be ordered.  Long short – if you can pay, pay.  If the terms are sincerely too much, try to work out new terms.  Otherwise, you’ll be facing a judgment and enforcement most likely.... Read More
Well, first off, yes, I’d say you should make the payments you agreed to make.  But, that’s your choice, I suppose.  As far as... Read More

What can be done when an eight year credit card charge is sold to a collection company and that company sue you?

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
He needs to hire a lawyer ASAP. This may be the classic "zombie debt" where they sue people on account hoping the dont hire a lawyer or better yet simply default and they win. If it turns out that he wins on the collections case, he may be able to get his fees reimbursed AND possible sue the collector for damages and additional attorney's fees. We do offer FREE consultations on such cases at 1-800-922-6442.  ... Read More
He needs to hire a lawyer ASAP. This may be the classic "zombie debt" where they sue people on account hoping the dont hire a lawyer or better yet... Read More

What do I do If the bank tells me I owe them money for a closed account?

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If you do not owe them money you may ignore them and see if you get sued.
If you do not owe them money you may ignore them and see if you get sued.

What if Collection agencies ask my bank to collect my money and freeze my bank account?

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Only a lawyer or enforcement officer may do so. Negotiate without fear until you are sued.
Only a lawyer or enforcement officer may do so. Negotiate without fear until you are sued.

Can I sue someone who owes me money?

Answered 12 years and 2 months ago by attorney Mitchell A. Nathanson   |   1 Answer
Sue in Civil Court.
Sue in Civil Court.

How do I have a camera lens returned that was leant to friend who will not return it.

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Unfortunately, you made fatal mistake of gifting things and having verbal agreements intertwined with work. Unless the lens is worth the thousands of dollars that litigation will likely cost, it will be cheaper to buy new lens. The alternative is to hire a lawyer to write a demand letter BUT if he calls the bluff, and you dont take legal action, he will feelmore empowered to keep the lens.If you would like to discuss retaining an attorney to help up you, we do offer FREE in office consultations at 1-800-922-6442.... Read More
Unfortunately, you made fatal mistake of gifting things and having verbal agreements intertwined with work. Unless the lens is worth the thousands of... Read More

Being sued for $20,000

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire an attorney at your expense to address this issue if you were not insured for the accident. If you were insured, you need to report this to the insurance company so they can address the issue and hire a you an attorney. If you are here on student VISA you should check to see what impact not paying for damages from an accident you caused may have on your ability to remain in the US with an immigration lawyer also.... Read More
You will need to hire an attorney at your expense to address this issue if you were not insured for the accident. If you were insured, you need to... Read More

I have a $51,000 home equity loan on my primary residence. BOA is willing to settle for $10,000.the home is est at 50k. What are the tax consequences

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You'll have to hire a CPA or tax lawyer to address this unfortunately.
You'll have to hire a CPA or tax lawyer to address this unfortunately.

How do I request a claim of exemption and request for hearing form?

Answered 12 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There should be paperwork provided to you fro the entity garnished in this regard. In any event review Fla. Stat. CHap 77. Itcan be complicated though, so you may need to consider hiring a lawyer to help.
There should be paperwork provided to you fro the entity garnished in this regard. In any event review Fla. Stat. CHap 77. Itcan be complicated... Read More

Subpoena Duces Tecum for Deposition

Answered 12 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sounds like a deposition in aid of execution and they are looking for that information because they have every intention of garnishing wages and seizing assets to satisify a judgment. If you plan on filing bankruptcy, you may want to step that process up and talk to bankruptcy lawyer ASAP. If you cant file BK ASAP, you may need to spend money to hire a lawyer to continue the depo a bit so you can. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. ... Read More
Sounds like a deposition in aid of execution and they are looking for that information because they have every intention of garnishing wages and... Read More

How does a widow pay off second mortgage debt?

Answered 12 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not likely unless you negotiate some arrangement with the bank. You may need to get 2 part time jobs to make up the loss in revenue or possible contact bankruptcy lawyer.
Not likely unless you negotiate some arrangement with the bank. You may need to get 2 part time jobs to make up the loss in revenue or possible... Read More

Will I need to pay back this money if they discontinued the original summons?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
If the original action was discontinued without prejudice then a new action may be commenced and you may defend. If the action was discontinued with prejudice then the Plaintiff may not recommence for the same matter.
If the original action was discontinued without prejudice then a new action may be commenced and you may defend. If the action was discontinued with... Read More

I was sued by small car rental company in CA 9,5 years ago, did not hear from them till today.

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
It depends whether a judgment was entered against you. If a judgment was entered against you in CA, then they may pursue you in NY.
It depends whether a judgment was entered against you. If a judgment was entered against you in CA, then they may pursue you in NY.

I received a 1099 from a creditor that I never paid which I am in the midst of filing bankruptcy. Why did they send me the form? Am I to pay IRS?

Answered 12 years and 3 months ago by attorney Mitchell A. Nathanson   |   1 Answer
You must show to your accountant/tax preparer for advice.
You must show to your accountant/tax preparer for advice.
Debtor and Creditor
All States

Helpful Resources